• No Class Certification for Nuisance Claimants Based on “Fear of Contamination”
  • February 23, 2016 | Author: Ryan C. McKim
  • Law Firm: Morris Polich & Purdy LLP - Los Angeles Office
  • In Smith v. ConocoPhillips Pipe Line, 801 F.3d 921 (8th Cir. 2015), the Eighth Circuit reversed the district court’s certification of a class action lawsuit brought by landowners against Phillips 66 (“Phillips”) for nuisance. The Eighth Circuit held that “fear of contamination” due to landowners’ proximity to an oil leak is an insufficient injury to support a class action based on nuisance.